HomeMy WebLinkAboutORD 99-31 - TCA Cablee
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, REVISING CHAPTERS 14.12 AND 14.14 OF
THE GEORGETOWN MUNICIPAL CODE TO TRANSFER THE CABLE
AND TELECOMMUNICATIONS FRANCHISES WITH WILLIAMSON
COUNTY CABLEVISION COMPANY TO TCA CABLE TV OF CENTRAL
TEXAS, L.L.C. D/B/A TCA CABLE TV; DECLARING AN EMERGENCY
AND WAIVING THE NEWSPAPER PUBLICATION REQUIREMENTS OF
SECTION 14.12.130 OF THE GEORGETOWN MUNICIPAL CODE,
REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS,
INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 880012.23.03 granted a 15 -year cable television
franchise to Williamson County Cablevision Co.;
WHEREAS, Ordinance No. 98-39 extended the cable television franchise an
additional 10 years to Feb. 11, 2013; and
WHEREAS, Ordinance No. 9840 granted a 10 -year telecommunications franchise
to Williamson County Cablevision Co.;
WHEREAS, Williamson County Cablevision Company ("Cablevision") has entered
into an Agreement and Plan of Reorganization with TCA Cable TV of Central Texas,
L.L.C., a Texas limited liability company, d/b/a TCA Cable TV ("TCA"), pursuant to which
TCA will acquire all the stock of Cablevision and Cablevision will transfer substantially all
of the assets of its cable television and telecommunication system serving the community
in and around Georgetown, Texas, including its rights under the franchise with the City of
Georgetown, Texas, ("the System") to TCA;
WHEREAS, the Franchise Agreement requires the City to consent to any transfer
or assignment of the Franchise;
WHEREAS, the City Council of the City of Georgetown, Texas finds that an
emergency exists in the passage of this ordinance as the newspaper publication
requirements of Section 14.12.130 of the Georgetown Municipal Code impedes the ability
of the parties to effectuate a transfer in a timely manner; and
WHEREAS, Cablevision and TCA have requested the City's consent to the transfer
and assignment of the Franchise by Cablevision to TCA;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT.
Williamson County Cablevision Co. Franchise
Transfer and Assignment Ordinance No. "
31
Page 1 of 3
SECTION 1. The facts and recitations contained in the preamble of this ordinance
are hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim. The City Council hereby
finds that this ordinance implements Utilities and Energy Policy 6 of the Century Plan -
Policy Plan Element, which states: "The City will monitor the development of franchised
utilities that provide adequate services forall citizens. "; and further finds that the enactment
of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as
required by Section 2.03 of the Administrative Chapter of the Policy Plan.
SECTION 2. The City of Georgetown, Texas, ("City") authorizes and consents to,
in all respects, the transfer and assignment of the cable television and telecommunications
franchise ("Franchises") from Williamson County Cablevision Company ("Cablevision") to
TCA Cable TV of Central Texas, L.L.C., d/b/a TCA Cable TV ("TGA"), and TCA's
assumption of the obligations of Cablevision under the Franchises that arise from events
or circumstances occurring from and after the date on which TCA acquires the System.
SECTION 3. The foregoing consent to transfer and assignment of the Franchises
shall be effective upon TCA's acquisition of the System, at which time City automatically
shall be deemed to have released Cablevision from all obligations and liabilities under the
Franchise that arise from events or circumstances occurring from after such date. Notice
of the date of TCA's acquisition of the System shall be provided to City.
SECTION 4. Chapters 14.12 and 14.14 of the Code of Ordinances of the City of
Georgetown, Texas is hereby amended to replace all references to the name "Williamson
County Cablevision Company" with "TCA Cable TV of Central Texas, L.L.C."
SECTION 5. The City Council hereby declares that an emergency exists in the
passage of this ordinance as the newspaper publication requirements of Section 14.12.130
of the Georgetown Municipal Code impedes the ability of the parties to effectuate a transfer
in a timely manner. The requirement of Section 14.12.130 requiring public notice at least
twice in a newspaper of general circulation at least one week prior to this meeting is hereby
waived.
SECTION 6. All ordinances and resolutions, or parts of ordinances and resolutions,
in conflict with this Ordinance are hereby repealed, and are no longer of any force and
effect.
SECTION 7. If any provision of this ordinance or application thereof to any person
or circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or application thereof, of this ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are hereby
declared to be severable.
SECTION 8. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest This ordinance shall become effective and be in full force and effect
thirty (30) days after its final passage, in accordance with the provisions of Section 8.03 the
Williamson County Cablevision Co. Franchise
Transfer and Assignment Ordinance No.
Page 2 of 3
Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the 27th day of April, 1999.
PASSED AND APPROVED on Second Reading on the 25th day of May, 1999.
ATTEST:
Sandra Lee ._
City Secretary
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By:fj.�
Arturo D. Rod
Assistant City
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Williamson County Cablevision Co. Franchise
Transfer and Assignment Ordinance No.
Page 3 of 3
THE CITY OF GEORGETOWN:
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By:
L Wood, Mayor